State ex rel. Hernandez v. Sutula
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[Cite as State ex rel. Hernandez v. Sutula, 2010-Ohio-2901.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94983 STATE OF OHIO, EX REL. JAIME HERNANDEZ RELATOR vs. JOHN D. SUTULA, JUDGE RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 433551 Order No. 434824 RELEASE DATE: June 21, 2010 2 FOR RELATOR Jaime Hernandez, pro se Inmate No. 514-875 Allen Correctional Institution P. O. Box 4501 Lima, Ohio 45802 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 KENNETH A. ROCCO, P.J.: {¶ 1} Relator, Jaime Hernandez, requests that this court compel respondent judge to dispose of relator s supplemental evidentiary submission filed in State v. Hernandez, Cuyahoga County Court of Common Pleas Case No. CR-484277 on September 5, 2008. {¶ 2} Respondent has filed a motion for summary judgment attached to which is a copy of a journal entry issued by respondent and received for filing by the clerk on April 28, 2010 in which respondent denied the filing because it is not a proper motion under the Ohio Rules of Court. Relator has not 3 opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree. {¶ 3} Additionally, the relator avers in his Affidavit of Verity that each of the foregoing statements and factual allegations are true and correct to the best of my knowledge and belief * * *. It is well-established that a conclusory statement in an affidavit does not satisfy the requirement in Loc.App.R. 45(B)(1)(a) that the complaint in an original action must be supported by an affidavit specifying the details of the claim. As a consequence, relator s failure to comply with Loc.App.R. 45(B)(1)(a) provides an additional basis for denying relief. See, e.g., State ex rel. Stockwell v. Saffold, Cuyahoga App. No. 93680, 2009-Ohio-4884. {¶ 4} Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Writ denied. KENNETH A. ROCCO, PRESIDING JUDGE FRANK D. CELEBREZZE, JR., J., and LARRY A. JONES, J., CONCUR 4
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